The Lieutenant Governor in Council
makes the Alberta Rules of Court Amendment Regulation set out in the attached
Appendix.

For Information
only

Recommended by:Minister of Justice
and Solicitor General

Authority:Judicature Act(section 28.1)

APPENDIX

Judicature Act

ALBERTA RULES OF COURT
AMENDMENT REGULATION

1The Alberta
Rules of Court (AR 124/2010) are amended by this Regulation.

2 Rule
2.11 is amended by striking out “The following” and substituting “Unless otherwise ordered by the Court, the
following”.

3Rule
3.10 is repealed and the following is substituted:

Application of Part 4 and Part 5

3.10(1) Subject
to subrule (2), Part 4 and Part 5 do not apply to an action started by
originating application unless the parties otherwise agree or the Court
otherwise orders.

(2) The rules in Divisions 2, 4, 5 and 6 of Part 4 and rules
4.1, 4.2(a) and (d) and 4.36 apply, with all necessary modifications, to
actions started by originating application unless the Court otherwise orders.

4Rule
3.35 is amended by adding the following after subrule (2):

(3) If
a lawyer files a statement of claim on behalf of a plaintiff, no judgment or
order may be obtained by agreement of the parties unless the plaintiff’s lawyer
of record is a party to the agreement or consents to the agreement.

(4) If
a plaintiff

(a) files
a statement of claim in person or by a lawyer who has ceased to be the
plaintiff’s lawyer of record, or

(b) is
not represented by a lawyer of record,

no judgment or order may be obtained by agreement of the
parties unless the plaintiff’s agreement, with an affidavit of execution, is
filed with the application for the judgment or order.

5Rule
3.66 is repealed and the following is substituted:

Costs

3.66(1) Subject
to subrule (2), the costs, if any, as a result of an amendment to a pleading
are to be borne by the party filing the amendment unless

(a) the
amendment is a response to an amended pleading, or

(b) the
Court otherwise orders.

(2) The
costs of a contested application to amend a pleading are in the discretion of
the Court, in accordance with rule 10.29.

6Rule
5.6(1) is repealed and the following is substituted:

Form and content of affidavit of records

5.6(1) An
affidavit of records must

(a) be
in Form 26, and

(b) disclose
all records that

(i) are
relevant and material to the issues in the action, and

(ii) are
or have been under the party’s control.

7Rule
9.2(2)(b)(ii) is amended by striking out “and apply to the Court to set the terms of the judgment or
order” and substituting “, providing
particulars of the objection”.

8Rule
9.15 is amended

(a) in
subrule (1)(a) by striking out “parties” and substituting “affected persons”;

(a) permit
a defence to be filed by a party who has been noted in default,

(b) set
aside, vary or discharge a judgment granted upon application against a
defendant who was noted in default, or whose statement of defence was struck
out under rule 3.37, or

(c) set
aside, vary or discharge a judgment entered in default of defence by the
plaintiff for the recovery of property under rule 3.38, or for a debt or
liquidated demand under rule 3.39.

9 Rule
11.25(2) is amended

(a) in
clause (a) by adding “or
affidavit” after “a
document” and by striking out “or” at the end of the clause;

(b) by
adding “, and” at the
end of clause (b) and adding the following after clause (b):

(c) the
person served with the commencement document is also served with a copy of the
order permitting service outside Canada.

10Rule
12.16 is amended by adding the following after subrule (3):

(4) Despite
subrules (1) to (3), an application under section 80.1 of the Family Law Act
may be started by filing in accordance with rule 70.1(2) of the Surrogate
Rules (AR 130/95), and in that case the procedure for the application
is governed by the Surrogate Rules.

11Rule
12.17 is amended by striking out “rule 12.16” and substituting “rule 12.16(1) and (2)”.

12 In
the following provisions “2
years” is struck out and “3 years” is substituted:

rule 15.4(1)(a) and (2)(c);
rule 15.15(2).

13Schedule
A, Division 1 is amended in Form 44 by striking out “BILL OF COSTS PREPARED BY” and
substituting “BILL OF COSTS
OF”.

(b) in
Form FL‑10 by striking out the words below “COURT LOCATION (Provincial Court)” and
above “NOTICE TO THE
RESPONDENT(S):”and
substituting the following:

APPLICANT(S)

ADDRESS FOR SERVICE AND

CONTACT
INFORMATION

FOR
THE APPLICANT(S)

RESPONDENT(S)

LAST KNOWN ADDRESS AND

CONTACT
INFORMATION

FOR
THE RESPONDENT(S)

DOCUMENT CLAIM ‑ Family
Law Act

(c) in
Form FL‑23 by repealing item 9 and substituting the following:

9. There are ____ children of the
marriage, as defined by the Divorce Act (Canada), namely:

(List all dependent children involved
in this proceeding, even if no claims are being made in relation to those
children.)

________, born _____, living with (name,
relationship tochild) , at (city, province and
country where child resides) ;

________, born _____, living with (name,
relationship tochild) , at (city, province and
country where child resides) ;

(d) in
Form FL‑24 by repealing item 6 and substituting the following:

6. There are ____ children of the
marriage, as defined by the Divorce Act (Canada), namely:

(List all dependent children involved
in this proceeding, even if no claims are being made in relation to those
children.)

________, born _____, living with (name,
relationship tochild) , at (city, province and
country where child resides) ;

________, born _____, living with (name,
relationship tochild) , at (city, province and
country where child resides) ;

(e) in
Form FL‑30 by repealing item 7 and substituting the following:

7. This Order remains in effect up to and
including the ______________ day of ______________, 20___. This matter will be
back before the Court on that day at 10:00 a.m. so that the Court may consider
whether to renew the Order for a further period of time. If the Respondent
wishes to appear on that date, the Respondent shall file with this Honourable
Court such affidavits as the Respondent intends to rely on. The Respondent
shall arrange for a process server or other neutral third party to serve the
filed affidavits on the Applicant by leaving a copy with the Applicant or
leaving a copy, addressed to the Applicant, at the Applicant’s address for
service at least 24 hours prior to the hearing. If the Respondent does not
appear, an order may be granted in the Respondent’s absence.